Parliament, Thursday, 21 November 2024 – The Portfolio Committee on Justice and Constitutional Development today conducted interviews with two current commissioners for the vacancy of Deputy Chairperson of the South African Human Rights Commission (SAHRC).
Committee Chairperson Mr Xola Nqola said the committee received the 46 applications and nominations for the vacancy of a commissioner. The committee interviewed seven candidates on Tuesday. The position became vacant after then Deputy Chairperson of SAHRC, Ms Fatima Cohen, resigned.
“We made it clear to the seven candidates in their interviews that the position of Deputy Chairperson of the Commission is also open to them, should they be successful. The committee decided to open the process to existing commissioners as well as they cannot apply to be a commissioner as they are already in the institution. Two current commissioners indicated that they are interested in the Deputy Chairperson position,” said Mr Nqola.
The committee today interviewed Adv Nomahlubi Khwinana and Ms Philile Ntuli.
The majority of members asked various questions relating to the alleged “toxic” work environment that exists in the SAHRC. In recent times, the committee has been inundated with complaints from staff about commissioners. Members made it clear that the SAHRC is failing in its mandate to protect human rights and, rather, are now being accused of violating such rights.
Adv Khwinana initially dismissed claims of a toxic environment at the SAHRC as she said she never experienced it in the 11 months that she is with the Commission. She later amended that response and withdrew her position on the lack of toxicity at the institution.
Ms Ntuli described herself as a fearless person who would not shy away from calling out the wrongdoings of those in authority. She informed the committee that there was a toxic culture in the institution when she jointed it three years ago. According to her, she saved the SAHRC from “capture”, which is why she claims she is receiving backlash from some staff members.
Mr Nqola reminded her that it the committee has received several complaints against her, to which she responded that leaders will not always be popular. She repeatedly highlighted her respect for the Chairperson of the SAHRC, Rev Chris Nissen, and said the accusation against herself and him are uncalled for.
Candidates that are nominated/applying for the SAHRC must:
- Be a South African citizen and a fit and proper person to hold office of the Commission, as contemplated in section 193(1) of the Constitution;
- Have a record of commitment to the promotion of respect for human rights and a culture of human rights;
- Be a person with applicable knowledge or experience regarding matters connected with the objects of the Commission; and
- Comply with any other requirements prescribed by national legislation, in particular section 5 (b) of the South African Human Rights Commission Act, 2013.
Mr Nqola expressed his appreciation to both candidates for putting themselves forward to assist the SAHRC in changing the environment in the organisation. “It was a robust engagement, but it was necessary. The committee needed to make sure it selects the right candidate that will put the Commission on the right track,” he said.
He said the committee will deliberate on the interviews, before it makes a recommendation to the National Assembly.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES, MR XOLA NQOLA.
For media enquiries or interviews with the Chairperson, please contact the committee’s Media Officer:
Name: Rajaa Azzakani (Ms)
Cell: 081 703 9542
E-mail: razzakani@parliament.gov.za

